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Posted: 1/20/2015 7:59:36 PM EDT
This is for an attic insulation project. This seemed pretty one sided to me, in that if they find some mold or dry rot up there, they "will be entitled to additional compensation". I feel like they're entitled to tell me about it and let me decide if I want to go forward and have them fix it or not. Not that the project automatically becomes more expensive.



2. Differing Site Conditions. If contractor encounters any concealed or unknown conditions that affect the Work, including underground wire, pipe, wet or dry rot, or other sub-standard construction of the exhisting home, then such concealed or unknown conditions will be treated as a change in scope an the Contractor will be entitled to additional compensation an an increase in the Contract Time to complete the Work. Customer Aknowledges that such conditions cannot be reasonably anticipated by the Contractor. Contractor will provide Customer of notice of any concealed or unknown conditions after they have been discovered and will provide Customer with an estimate of the  anticipated costs to complete the Work as a result of the concealed or unknown conditions.
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Later on they have this:

Termination. If either party materially breaches the Agreement, and if the breaching party fails to cure the breach within fourteen (14) days of receipt of a written notice of the breach by the other party, then the non-breaching party may terminate this Agreement after serving and additional seve (70 days' written notice to the breaching party.
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but I'm not sure that gives me the power to prevent them from being "entitled to additional compensation" if they find something they claim need to be fixed but I don't want to spend the money on.

I also don't like this:

Limitation of Contractor's Liability. Contractors liability with respect to any and all claims and costs arising out of or related to this Agreement shall not exceed in the aggregate the total Contract Price actually paid by Customer during the term of the Agreement.
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So if they fuck up and burn down my house, they only owe me the cost of an insulation job?

Anyone want to help me translate some lawyer-ese into english. Am I interpreting this thing as being way too one-sided?

Link Posted: 1/21/2015 2:52:46 PM EDT
[#1]
Make sure he has liability and workers comp insurance.

You may already have insurance for hired workers that would kick in if he does not.
It is not an uncommon endorsement on homeowner's policies.

Ask for an insurance binder and a copy of his license.

Link Posted: 1/21/2015 6:17:30 PM EDT
[#2]
Yep going to ask for that there's a line saying they'll provide a copy of their cert on demand.

I'm still not sure I follow the language above though. Does it mean that if they burn my house down, they're responsible for the cost of the job (even if they have insurance). Also on the other part , say they find something up there that I feel can be ignored but they feel must be fixed ... It sounds like they get to just add that to the bill with no negotiation and if I refuse to pay then I get stuck with the consequences outlined in the contract (which could include a lien on the house).

Posted Via AR15.Com Mobile
Link Posted: 2/4/2015 8:56:33 PM EDT
[#3]
I think that liability is if he screws up his end of the job, not if he burns the house down. I have to have $1million contractors liability coverage and I do not have to have workers comp. insurance since I do not have employees, signed off with the state on that one.
Link Posted: 2/8/2015 10:10:29 PM EDT
[#4]
Limitation of Contractor's Liability. Contractors liability with respect to any and all claims and costs arising out of or related to this Agreement shall not exceed in the aggregate the total Contract Price actually paid by Customer during the term of the Agreement.
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So if his workers burn your house down on a $2,500 insulation install, he's only liable for $2,500?

Lol, NO.

Sounds like this contractor has a habit of fucking up and is trying to get out of liability.

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